[Adopted 12-4-2002 by Ord. No. 4-2002]
The Township Secretary or such official as the
Township Supervisors may designate from time to time ("designated
official") is hereby appointed as the designated official who is authorized
to carry out all responsibilities and duties stated herein.
No insurance company, association or exchange
(hereinafter, the "insuring agent") doing business in the Commonwealth
of Pennsylvania shall pay a claim of a named insured for fire damage
to a structure located within the Township of Independence where the
amount recoverable for the fire loss to the structure under all applicable
policies exceeds $7,500, unless the insuring agent is furnished by
the designated official with a Township certificate pursuant to Act
98 of 1992, as amended, and unless there is compliance with Act 98 of 1992, as
amended, and the provisions of this article.
Where, pursuant to Act 98 of 1992, as amended,
the designated official issues a certificate indicating that there
are no delinquent taxes, assessments, penalties or user charges against
real property, the insuring agent may pay the claim of the named insured;
provided, however, that if the loss agreed upon by the named insured
and the insuring agent equals or exceeds 60% of the aggregate limits
of liability on all fire policies covering the building restructure,
the following procedures must be followed pursuant to Act 98 of 1992,
as amended:
A. The insuring agent shall transfer from the insurance
proceeds to the designated official of the Township in the aggregate
of $2,000 for each $15,000 of a claim and for each fraction of that
amount of a claim; this subsection is to be applied such that if the
claim is $15,000 or less, the amount transferred to the Township shall
be $2,000.
B. If at the time of a proof of loss agreed to between
the named insured and the insuring agent, the name insured has submitted
a contractor's signed estimate of the costs of removing, repairing
or securing the building or other structure, the insuring agent shall
transfer to the Township from the insurance proceeds the amount specified
in the estimate.
C. The transfer of proceeds shall be on a pro rata basis
by all companies, associations or exchanges insuring the building
or other structure.
D. After the transfer, the named insured may submit a
contractor's signed estimate of the costs of removing, repairing or
securing the building or other structure, and the designated official
shall return the amount of the funds transferred to the Township in
excess of the estimate to the named insured, if the Township has not
commenced to remove, repair or secure the building or other structure.
E. Upon receipt of proceeds under this section, the Township
shall perform the following:
(1) The designated official shall place the proceeds in
a separate fund to be used solely as security against the total costs
of removing, repairing or securing the building or structure, which
are incurred by the Township. Such costs shall include, without limitation,
any engineering, legal or administrative costs incurred by the Township
in connection with such removal, repair or securing of the building
or any proceedings related thereto.
(2) It is the obligation of the insuring agent when transferring
the proceeds to provide the Township with the name and address of
the named insured. Upon receipt of the transferred funds and the name
and address of the named insured, the designated official shall contact
the named insured, certify that the proceeds have been received by
the Township, and notify the named insured that the procedures under
this subsection shall be followed.
(3) When repair, removal or securing of the building or
other structure has been completed in accordance with all applicable
regulations and orders of the Township, and the required proof of
such completion received by the designated official, and if the Township
has not incurred any costs for repair, removal or securing of the
building or other structure, the fund shall be returned to the named
insured. If the Township has incurred costs for repair, removal or
securing of the building or other structure, the costs shall be paid
from the fund, and if excess funds remain, the Township shall transfer
the remaining funds to the named insured.
(4) To the extent that interest is earned on proceeds
held by the Township pursuant to this section and not returned to
the named insured, such interest shall belong to the Township. To
the extent that proceeds are returned to the named insured, interest
earned on such proceeds shall be distributed to the named insured
at the time that the proceeds are returned.
F. Nothing in this section shall be construed to limit
the ability of the Township to recover any deficiency. Furthermore,
nothing in this subsection shall be construed to prohibit the Township
and the named insured from entering into an agreement that permits
the transfer of funds to the named insured if some other reasonable
disposition of the damaged property has been negotiated.
The Township of Independence may, by resolution,
adopt procedures and regulations to implement Act 98 of 1992, as amended,
and this article and may, by resolution, fix reasonable fees to be
charged for municipal activities or services provided pursuant to
Act 98 of 1992, as amended, and this article, including but not limited
to issuance of certificates and bills, performance of inspections
and opening separate fund accounts. Said fees shall be the responsibility
of the named insured.
[Adopted 7-10-2019 by Ord. No. 1-2019]
The Township desires to provide for reimbursement to the Independence
Township Volunteer Fire Department for any and all costs and/or expenses
incurred by the Department which may be obtainable by the Department
by submitting claims only to the individual property owners'
insurance carriers.
It is the finding of the Board of Supervisors of Independence
that individual property owners may maintain insurance coverage within
their own casualty insurance policies, homeowners' policies and/or
other applicable policies that would provide reimbursement to the
Independence Township Volunteer Fire Department for firefighting and
other services rendered to the individual property owners' properties
in response to emergency service requests.
The Independence Township Volunteer Fire Department is hereby
authorized and directed, by and through its officers and authorized
representatives, to ascertain what insurance coverage may be applicable
and available under any given circumstance, and to take all necessary
and affirmative steps to apply for and receive reimbursement from
any insurance carriers where a property owner is or may be insured
to reimburse the Fire Department for any costs and/or expense incurred
for services, supplies and/or equipment used for or provided to the
property owner by the Fire Department.
Under no circumstances shall any property owner ever receive
a bill from the Independence Township Fire Department for fire protection
or other services provided by the Fire Department.
This article shall be liberally construed to accomplish its
purpose to compensate and/or reimburse the Independence Township Volunteer
Fire Department from insurance proceeds only for the costs and/or
expenses incurred while providing services pursuant to their duties
for the Fire Department.